Subscriber Terms

Reading and accepting these Terms

In these Terms, capitalised words and phrases have the meanings given to them where they are defined, or as set out in the Definitions section at the end of these Terms.

By clicking a button or checkbox indicating that you accept these Terms, creating an Account, subscribing to a plan, paying Subscription Fees, enabling REAXML syndication, uploading or approving a listing, creating a profile, receiving Leads, accessing the Platform or otherwise accepting the benefit of any part of the Platform, you agree to be bound by these Terms.

If you accept these Terms on behalf of a company, agency, business, partnership, trust or other legal entity, you represent and warrant that you have authority to bind that entity and must provide evidence of that authority on request. In that case, “you” and “your” refer to that entity. These Terms form a binding agreement between you and us.

We may update these Terms from time to time by notifying you or publishing the updated Terms on the Website. If we make a material change that materially and adversely affects your existing Subscription, we will give you at least 30 days’ notice before the change takes effect, unless the change is required sooner for legal, regulatory, security, technical or operational reasons.

If you do not agree to a material change that materially and adversely affects your existing Subscription, you may cancel your Subscription in accordance with these Terms before the change takes effect, and we will not apply the change to you during any remaining period for which you have prepaid Subscription Fees unless required by Law or reasonably necessary for security, technical integrity or legal compliance.

Your continued access to or use of the Platform after the updated Terms take effect will constitute your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may cancel your Subscription in accordance with these Terms.

Eligibility

By accepting these Terms, creating an Account, subscribing to a plan, paying Subscription Fees, enabling REAXML syndication, uploading or approving a listing, creating a profile, receiving Leads, accessing the Platform or otherwise using the Platform, you represent and warrant that:

• you have legal capacity and authority to enter into a binding agreement with us;
• if you are accepting these Terms on behalf of a company, agency, business, partnership, trust or other legal entity, you are authorised to bind that entity;
• all information you provide to us is true, accurate, current, complete and not misleading;
• you are authorised to use the payment method provided in connection with your Subscription;
• you hold and will maintain all licences, registrations, authorisations, permissions, insurances and approvals required to advertise properties, provide trade services, provide local services, receive enquiries, receive Leads or otherwise use the Platform in the way you use it;
• you have authority to provide, upload, approve, syndicate or otherwise make available any information, content, listing, profile, image, logo, review, REAXML Feed data, Listing Data, Trade Profile information or other material you provide to us or make available through the Platform;
• your use of the Platform will comply with all Laws, licences, registrations, professional obligations, advertising rules, privacy obligations and industry requirements that apply to you; and
• you have not previously been suspended, removed or prohibited from using the Platform.

The Platform is intended for use by businesses, real estate agencies, licensed agents, trade professionals, local service providers and consumers who are at least 18 years old, unless we approve a different arrangement in writing.

You must not create an Account, subscribe to a plan, upload or approve a listing, create a trade or service profile, submit content, request or receive Leads, or otherwise use any restricted part of the Platform if you:

• are under 18 years old;
• do not have authority to bind the business or entity you represent;
• do not hold any licence, registration, authorisation, permission, insurance or approval required for your use of the Platform;
• do not have authority to advertise a property, provide a service, receive an enquiry, receive a Lead or submit any content in the way you use the Platform;
• have previously been suspended, removed or prohibited from using the Platform; or
• are using the Platform for any unlawful, misleading, fraudulent or unauthorised purpose.

We may refuse to provide access to the Platform, suspend or cancel an Account, reject a Subscription, remove a listing or profile, disable REAXML syndication, withhold or restrict Leads, or refuse to provide any service if we reasonably consider that you do not satisfy the requirements in this section, and we will take reasonable steps to notify you of the reason for that action unless doing so would create legal, regulatory, security, fraud prevention, privacy or platform integrity risk.

Duration of your Subscription

Your Subscription and these Terms commence on the date you agree to be bound by these Terms and continue on a month-to-month basis unless cancelled or terminated earlier in accordance with these Terms. Unless cancelled or terminated earlier, your Subscription automatically renews each month.

You must pay the Subscription Fees in advance for each monthly Subscription Period.

You may cancel your Subscription at any time from the billing portal in your dashboard. Cancellation stops future renewals: your Subscription and access continue until the end of the monthly Subscription Period you have already paid for, and no further Subscription Fees fall due. We may cancel your Subscription for convenience by giving you at least 30 days’ written notice, and these Terms allow earlier suspension or termination for non-payment, breach, legal compliance, security risk or platform integrity reasons.

Cancellation does not affect any rights, obligations or liabilities that arose before the cancellation took effect, including your obligation to pay any Subscription Fees, GST, permitted surcharges, chargeback amounts or other amounts that became payable before the cancellation took effect.

Unless required by Law or expressly agreed by us in writing, Subscription Fees are not refundable and we do not provide partial-month refunds, credits or pro-rata adjustments, including where you cancel during a monthly Subscription Period, do not use the Platform, do not receive any particular number or quality of Leads, or do not receive any particular outcome from the Platform.

We may change the Subscription Fees or the inclusions, features, benefits, limits or restrictions of a Subscription Tier by giving you at least 30 days’ notice, provided that any change that materially reduces the core functionality of your existing Subscription Tier will not take effect until the next monthly billing period unless required sooner for legal, regulatory, security, technical or operational reasons.

If you do not agree to a change to the Subscription Fees or your Subscription Tier, you may cancel your Subscription in accordance with these Terms before the change takes effect. Your continued use of the Platform after the change takes effect will constitute your acceptance of the change.

Scope of your Subscription

We will provide you with access to the Platform in accordance with your Subscription Tier and these Terms. Your Subscription includes the features, inclusions, limits and benefits of your Subscription Tier as set out on the Website, in your online checkout, in any order process accepted by us, or as otherwise notified to you when you subscribe.

Your Subscription Tier may include access to features such as:

• property listings;
• REAXML listing syndication;
• agency profiles;
• trade or local service profiles;
• directory placement;
• quote requests;
• appraisal requests;
• lead generation;
• reviews;
• phone and website visibility;
• priority placement;
• photo allowances;
• generated marketing videos;
• mapping tools; and
• related platform functionality.

The features, inclusions, limits and benefits available to you depend on the Subscription Tier selected by you and accepted by us.

We may update, modify, suspend, replace or remove any feature, inclusion, limitation, benefit or functionality of the Platform from time to time, provided that we will take reasonable steps to notify you before any material change that materially reduces the core functionality of your existing Subscription Tier, unless prior notice is not reasonably practicable because of legal, regulatory, security, technical, third-party service or platform integrity reasons.

We do not guarantee that any particular feature, integration, CRM connection, REAXML Feed, function, layout, content, listing placement, search ranking, lead volume, enquiry volume, quote request volume, appraisal request volume, review volume, profile view, map placement, advertising outcome or other platform outcome will remain available, unchanged or produce any particular result.

Accounts

To access some parts of the Platform, you may be required to create, register or maintain an Account. As part of registration and your continued use of the Platform, you may be required to provide information such as your name, business name, agency name, licence details, trade or service category, insurance details, contact details, email address, phone number, billing details, payment details, profile information, listing information, REAXML Feed information, images, logos, website links, reviews, verification information and any other information reasonably required by us.

You must ensure that all information you provide to us is true, accurate, current, complete and not misleading, and you must promptly update any information provided to us if it changes.

We may accept or reject any Account registration, Subscription, profile, listing, REAXML Feed, verification material or other request to access the Platform where we reasonably consider that the request may expose us, users or third parties to legal, regulatory, reputational, operational, security or commercial risk, or is otherwise inconsistent with these Terms or the intended purpose of the Platform.

You are responsible for keeping your Account login details secure and confidential. You must not share your Account login details with any person except Personnel authorised by you to access and use the Platform on your behalf.

You are responsible for all activity that occurs through your Account, your Subscription, your REAXML Feed, your listings, your profiles and your Users, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct. You must notify us promptly if you become aware of any unauthorised access to, or use of, your Account.

Platform information and disclaimers

You acknowledge and agree that information made available through the Platform is general information only and may not be accurate, complete, current or suitable for your circumstances. You must make your own enquiries and obtain appropriate professional advice before relying on any information available through the Platform.

We do not provide real estate agency services, brokerage services, building services, trade services, surveying services, town planning services, property valuation services, legal advice, financial advice, investment advice, development advice, construction advice or other professional advice.

Any property, listing, zoning, R-Code, mapping, planning, development, trade, quote, appraisal, Lead, review, profile, advertising, featured placement, priority placement, automated output, generated marketing video or other information made available through the Platform is provided for general informational and advertising purposes only.

You are responsible for independently verifying all property, planning, zoning, R-Code, development, boundary, title, listing, agency, trade, licence, insurance, quote, appraisal, Lead and other information before acting on it, and for complying with all Laws, licences, registrations, professional obligations, advertising rules, privacy obligations and industry requirements that apply to your business and your use of the Platform.

You acknowledge that consumers, agents, agencies, trades, service providers and other users are independent third parties, and we are not responsible for any transaction, quote, negotiation, contract, appointment, workmanship, property damage, listing authority, agency conduct, trade conduct, review, Lead outcome or dispute between users of the Platform.

Software licence

While your Subscription is active and all amounts payable by you are paid when due, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform and any Documentation solely for your internal business purposes and only in accordance with your Subscription Tier and these Terms.

You must not use the Platform or Documentation for any purpose other than the purpose for which we make it available. You must not:

• sell, resupply, sublicense, rent, lease, transfer, assign, share or distribute the Platform or Documentation;
• copy, reproduce, modify, adapt, translate, frame, mirror or create derivative works from the Platform or Documentation;
• reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Platform or Documentation;
• scrape, harvest, mine, extract, monitor, index, download or collect data from the Platform, including listings, images, maps, zoning data, planning data, R-Code information, trade directory information, reviews, profiles, contact details or Lead information;
• use any bot, crawler, spider, automated script, artificial intelligence harvesting tool, data mining tool or similar tool to access or use the Platform; or
• otherwise misuse the Platform or Documentation, except to the extent expressly permitted by these Terms or required by Law.

If your Subscription Tier includes a limit on listings, users, profiles, locations, enquiries, Leads, photos, visibility or other usage, you must not exceed that limit unless we approve the increased usage or you upgrade to an appropriate Subscription Tier.

We may release updates, upgrades, enhancements, modifications, new versions, patches, fixes or changes to the Platform from time to time, and these may affect the availability, appearance, performance, functionality or operation of the Platform. You must promptly implement any update, configuration change or reasonable direction we provide where reasonably required for security, compatibility, legal compliance or continued operation of the Platform.

Support services

We will take reasonable steps to provide general technical support for the Platform during your Subscription. Unless otherwise agreed in writing:

• you must first take reasonable steps to investigate and resolve any issue within your own systems, devices, account settings, CRM, REAXML Feed, internet connection, browser, integrations and internal processes;
• we are not required to provide support for issues caused or contributed to by your systems, third-party software, CRM providers, REAXML Feed errors, internet connectivity, unauthorised changes, misuse of the Platform, user error or any matter outside our reasonable control;
• we do not guarantee that support will be available at all times, provided within a particular timeframe or resolve every issue;
• you are responsible for managing your Account, users, access permissions, passwords, listings, profiles, uploaded content and REAXML Feed settings; and
• we are not liable for any delay, loss, cost, damage or expense arising from any delay or failure in providing Support Services, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.

Data hosting

We may use third-party hosting, cloud storage, infrastructure, security, analytics, communications, payment, CRM integration and technology providers to provide, operate, store, secure, maintain and improve the Platform.

You acknowledge and agree that User Data, Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information, Lead information, account information, payment information and related platform data may be hosted, stored, processed, backed up or accessed using third-party services, including services located in Australia or overseas, and you must ensure that any notices, consents and authorisations you obtain for personal information permit those uses and disclosures. Our Privacy Policy names the providers we use and where they are located.

We will take reasonable steps to select appropriate third-party service providers and to maintain reasonable technical, organisational and administrative safeguards for data hosted through the Platform.

You acknowledge that no method of transmission, hosting, storage, backup or electronic processing is completely secure or error-free, and we do not guarantee that the Platform, hosting services or any User Data will be uninterrupted, error-free, secure, available at all times, free from vulnerabilities or recoverable in all circumstances.

You are responsible for keeping your own copies and records of any information, content, images, listings, REAXML Feed data, Trade Profile information, Lead information and other material that you upload, submit, transmit, approve, syndicate or otherwise make available through the Platform.

Subject to our obligations under applicable privacy Laws, we are not responsible for any loss, corruption, deletion, unauthorised access, unauthorised disclosure, alteration, interruption, delay, failure, outage, security incident or unavailability affecting User Data, Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information, Lead information or any other data, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.

If User Data or other platform data is lost, corrupted or unavailable due to a system failure, hosting issue, third-party provider issue, cyber incident, integration issue, REAXML Feed issue, CRM issue, backup failure or other event, we will take reasonable steps to restore access where reasonably practicable, but we do not guarantee that any backup will be available, complete, current or free from errors.

You must not upload, submit, transmit, approve, syndicate or otherwise make available through the Platform any information or content unless you have all rights, consents, notices, permissions and lawful authority required to do so, and you must comply with all applicable privacy, data protection, confidentiality, consumer protection, advertising, real estate, trade licensing and other Laws in connection with it.

Our handling of personal information is governed by our Privacy Policy, and you must not provide us with sensitive information unless we expressly request it and you have obtained all consents required by applicable privacy Laws.

General subscriber obligations

• You must, and must ensure that your Personnel and Users, comply with these Terms at all times.
• You must provide us with all information, documentation, access, assistance and cooperation reasonably required by us to provide, operate, support, secure and improve the Platform.
• You must ensure that all information, documents, content, listings, images, videos, logos, business details, licence details, insurance details, REAXML Feed data, Listing Data, Trade Profile information, Lead information and other material you provide to us or make available through the Platform is true, accurate, current, complete, not misleading, not unlawful and substantiated by records that you must provide to us on request.
• You must promptly notify us if any information you have provided to us becomes inaccurate, incomplete, out of date, misleading or unlawful.
• You must not provide us with login details, passwords or access credentials for any third-party system unless we expressly request them and you are authorised to provide them.
• If you provide us with access to any CRM, REAXML Feed, third-party account, software, platform or system, you represent and warrant that you are authorised to provide that access and that our use of it for the purpose of providing the Platform will not breach any Law, agreement, third-party term or third-party right.
• You must ensure that your use of the Platform complies with all Laws, licences, registrations, professional obligations, advertising rules, real estate laws, trade licensing requirements, privacy laws, consumer protection laws, spam laws, intellectual property laws and industry requirements that apply to you.

Prohibited conduct

You must not, and must not permit or encourage any Personnel, User or third party to:

• use the Platform for any unlawful, fraudulent, misleading, deceptive, harmful, abusive or unauthorised purpose;
• use the Platform in a way that breaches any Law, licence, registration, professional obligation, industry requirement, third-party term or third-party right;
• upload, submit, transmit, approve, syndicate or otherwise make available any content or information that is false, inaccurate, incomplete, out of date, misleading, deceptive, defamatory, discriminatory, offensive, obscene, threatening, abusive, harassing, unlawful, infringing or otherwise inappropriate;
• create, upload, approve, syndicate or maintain any fake listing, bait listing, misleading listing, unauthorised listing, duplicate listing, expired listing or listing for a property you are not authorised to advertise;
• represent that you hold a licence, registration, accreditation, qualification, insurance policy, authority or approval that you do not hold;
• represent that we endorse, recommend, verify, guarantee or approve you, your services, your listings, your profile, your conduct, your workmanship or your business, except to the extent expressly stated by us in writing;
• upload, submit, transmit or otherwise make available sensitive information, confidential information, commercial secrets or personal information unless you have all rights, consents, notices, permissions and lawful authority required to do so;
• use the Platform to send spam, unsolicited commercial electronic messages, phishing messages, malware, scams, bulk messages or other unlawful or inappropriate communications;
• intimidate, harass, impersonate, stalk, threaten, bully, abuse, mislead or endanger any person;
• interfere with, disrupt, overload, damage, impair or compromise the Platform or any system, network, server, software, data or security measure connected with the Platform;
• introduce any virus, malware, ransomware, spyware, malicious code or other harmful component to the Platform;
• attempt to gain unauthorised access to the Platform, any Account, data, system, server, network, API, integration, REAXML Feed or third-party system;
• scrape, crawl, harvest, mine, extract, copy, download, monitor, index or collect data from the Platform, including listings, images, maps, zoning data, planning data, R-Code information, trade directory information, reviews, profiles, contact details or Lead information, except as expressly permitted by us in writing;
• use any bot, crawler, spider, scraper, automated script, artificial intelligence harvesting tool, data mining tool or similar tool to access or use the Platform;
• copy, reproduce, translate, adapt, modify, vary, create derivative works from, reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Platform or Documentation;
• remove, obscure or alter any copyright, trade mark, proprietary rights notice, attribution, disclaimer or warning displayed on or through the Platform;
• sell, resupply, sublicense, rent, lease, transfer, assign, share, commercialise or otherwise make the Platform or Documentation available to any third party, except to authorised Users within the limits of your Subscription Tier;
• share your Account login details with any unauthorised person or allow any unauthorised person to access the Platform through your Account;
• use the Platform in excess of the limits, inclusions or permissions of your Subscription Tier;
• alter, interfere with or circumvent any access control, security measure, usage limit, listing limit, ranking mechanism, verification process, payment process or other technical restriction of the Platform;
• use the Platform to provide, promote or facilitate services you are not licensed, registered, insured, qualified or authorised to provide;
• use the Platform to engage in conduct that may damage our reputation, goodwill, business, users, suppliers, service providers or the Platform; or
• use the Platform in any way that is inconsistent with its intended purpose as a software, advertising, listing, directory and lead generation platform.

Real estate agency, agent and property subscriber obligations

If you are a real estate agency, agent or property subscriber, you must ensure that:

• you hold all licences, registrations, authorisations and approvals required to advertise each property and receive enquiries through the Platform;
• you have authority from the seller, landlord, owner, developer or other relevant person to advertise each property on the Platform;
• each listing is accurate, current, complete, not misleading and complies with all applicable real estate, consumer protection, advertising and privacy Laws;
• you own, or have permission to use and authorise us and our service providers to use, all images, videos, floorplans, copy, listing descriptions, property data, REAXML Feed data, logos, branding and other material provided to us or made available through the Platform, including permission for hosting, storage, resizing, formatting, publication, syndication, marketing and display on or through the Platform;
• you promptly remove or update listings that are sold, leased, withdrawn, unavailable, inaccurate, expired or no longer authorised to be advertised;
• you do not use the Platform for bait advertising, fake listings, misleading price indications, unauthorised off-market listings or any other misleading or deceptive conduct; and
• you comply with all requirements that apply to REAXML syndication, CRM feeds, listing uploads, appraisal requests, Lead handling, marketing communications and property advertising.

Trade, service provider and local business subscriber obligations

If you are a trade professional, builder, broker, local service provider or trade subscriber, you must ensure that:

• you hold all licences, registrations, permits, qualifications, insurances and approvals required to provide the services you advertise or offer through the Platform;
• all Trade Profile information, service descriptions, pricing information, availability information, images, reviews, claims, licences, insurance details and contact details you provide are accurate, current, complete and not misleading;
• you promptly notify us if any licence, registration, insurance, approval or qualification relevant to your services is suspended, cancelled, restricted, expired or otherwise affected;
• you only quote for, accept or perform work that you are authorised, qualified, licensed and insured to perform;
• you are solely responsible for your quotes, negotiations, contracts, workmanship, services, attendance, safety, insurance, property damage, warranties, disputes and dealings with consumers or other users; and
• you comply with all consumer protection, trade licensing, building, safety, privacy, spam and advertising Laws that apply to your services.

Notification obligations

You must promptly notify us if you become aware of:

• any unauthorised access to, or use of, your Account;
• any misuse of the Platform or your Subscription;
• any inaccurate, misleading, unlawful, infringing or unauthorised listing, profile, review, content, Lead or other material connected with your Account;
• any breach or suspected breach of these Terms by you, your Personnel or any User;
• any licence, registration, insurance, authority, listing authority or approval issue relevant to your use of the Platform;
• any actual or threatened claim relating to your listings, content, services, conduct, intellectual property, privacy obligations or use of the Platform; or
• any error, defect, security issue or difficulty accessing or using the Platform.

Release and indemnity

You release us from liability for any loss, damage, cost or expense arising from or in connection with your User Data, Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information, Lead information, third-party account access, incomplete or inaccurate information, unauthorised content, unlawful conduct, breach of these Terms or breach of Law, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

You indemnify us and our Personnel against any loss, damage, liability, claim, demand, proceeding, cost or expense, including reasonable legal costs on a full indemnity basis, arising from or in connection with any of the following, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct:

• your breach of these Terms;
• your breach of any Law, licence, registration, professional obligation, industry requirement, third-party term or third-party right;
• any User Data, Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information, review, image, video, logo, copy, profile, Lead information or other material you provide to us or make available through the Platform;
• any claim that material you provide to us or make available through the Platform infringes any Intellectual Property Right, privacy right, confidentiality obligation or other right of any person;
• any property listing that is fake, misleading, deceptive, unauthorised, expired, withdrawn, inaccurate or used for bait advertising;
• any failure to hold or maintain a required licence, registration, approval, insurance policy, authority or permission;
• any quote, negotiation, contract, transaction, appointment, service, workmanship, property damage, settlement, agency conduct, trade conduct or dispute involving you and another user or third party; and
• any fraudulent, misleading, unlawful, negligent, wilful, reckless or abusive act or omission by you, your Personnel or your Users.

We may suspend or cancel your Account or Subscription, remove or disable any listing, profile, review, content, REAXML Feed, Lead feature, priority placement or other platform feature, or refuse to provide any part of the Platform if we reasonably consider that you, your Personnel or your Users have breached these Terms or are likely to breach these Terms, and we will take reasonable steps to notify you of the action and the reason for it unless doing so would create legal, regulatory, security, fraud prevention, privacy or platform integrity risk.

Fees and payment

You must pay the Subscription Fees applicable to your Subscription Tier, as set out on the Website, in the checkout process, in Stripe, in any order process accepted by us, or as otherwise agreed in writing. Unless otherwise agreed in writing, Subscription Fees are payable monthly in advance.

Your first payment is due when you subscribe, or immediately after the expiry of any applicable free trial, promotional period, discounted period or introductory offer. After your first payment, Subscription Fees will be charged monthly in advance on a recurring basis until your Subscription is cancelled or terminated in accordance with these Terms. You must pay all Subscription Fees and any other amounts due under these Terms in full and without set-off, withholding or deduction, except as required by Law.

Unless required by Law or expressly agreed by us in writing, Subscription Fees are non-refundable, including where:

• you change your mind;
• you do not use the Platform;
• you do not receive any particular number or quality of Leads;
• you do not receive any particular number of views, enquiries, quote requests, appraisal requests, clicks, calls, website visits or transactions;
• you cancel part way through a monthly billing period;
• you downgrade your Subscription Tier;
• your listing, profile, REAXML Feed, priority placement or Account is suspended or removed because of your breach of these Terms; or
• you fail to cancel your Subscription in accordance with these Terms.

Trials and promotional offers

We may offer a free trial, promotional period, discounted period or other introductory offer for the Platform from time to time. Unless we expressly state otherwise in writing, we may withdraw, amend, extend or refuse to provide any such offer at any time before it is accepted by you, and may withdraw or amend it after acceptance where reasonably necessary to address fraud, misuse, error, legal compliance or platform integrity.

If your Subscription begins with a free trial, promotional period, discounted period or introductory offer, you acknowledge that your Subscription may automatically convert to a paid month-to-month Subscription at the end of that period unless you cancel before the paid Subscription begins, provided that the applicable Subscription Fees and renewal terms are disclosed before you start the offer. You are responsible for checking the applicable Subscription Fees, Subscription Tier, billing frequency and cancellation requirements before starting any offer.

Automatic recurring billing

Your Subscription renews automatically each month unless cancelled or terminated in accordance with these Terms. By subscribing to a paid Subscription Tier, you authorise us and our payment processor to debit the Subscription Fees, permitted surcharges and any other amounts payable under these Terms from your nominated payment method on a recurring monthly basis until your Subscription is cancelled or terminated.

You acknowledge and agree that your Subscription has an initial and recurring payment feature and that you are responsible for all Subscription Fees and other charges incurred before your Subscription is cancelled or terminated. You must ensure that your nominated payment method remains valid, current and able to be charged, and must promptly update your payment details if it expires, is cancelled, is replaced, has insufficient funds or otherwise cannot be charged.

We are not responsible for any fee, charge, overdraft, interest, dishonour fee or other cost imposed by your bank, card issuer, payment provider or payment processor in connection with your Subscription.

Failed payments

If a payment fails, is declined, is reversed, is charged back, is dishonoured or is not received when due, we may notify you and our payment processor will attempt to process the payment again in accordance with its retry schedule.

If your payment is not successfully received, we may suspend all or part of your access to the Platform, including your Account, listings, REAXML Feed, Trade Profile, Lead features, priority placement, visibility features and other Subscription Tier benefits. If the failed payment is not resolved once the retry schedule is exhausted, we may terminate your Subscription by notice to you.

You remain liable for all unpaid Subscription Fees and other amounts that accrued before suspension or termination. Suspension or termination for failed payment does not affect any other rights or remedies available to us under these Terms or at Law.

Changes to Subscription Fees

We may change the Subscription Fees, Subscription Tiers, inclusions, limits, features or billing arrangements from time to time. We will give you at least 30 days’ notice of any change to Subscription Fees that applies to your existing Subscription.

If you do not agree to a change, you may cancel your Subscription in accordance with these Terms before the change takes effect. If you continue to use the Platform after the change takes effect, you will be taken to have accepted it. Any change will not affect Subscription Fees already paid for a billing period before the change takes effect.

GST

Unless expressly stated otherwise, all Subscription Fees and other amounts payable under these Terms are stated exclusive of GST. If GST is payable in relation to a taxable supply made under or in connection with these Terms, you must pay us an additional amount equal to the GST payable on that taxable supply, subject to us providing a valid tax invoice.

Terms used in this section have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), unless the context requires otherwise.

Card surcharges and payment costs

We may charge you any card surcharge, payment processing fee, chargeback fee, dishonour fee or other payment cost that we are charged or that we incur in connection with your payment, to the extent permitted by Law. Any surcharge or payment cost will be disclosed where required by Law.

Stripe and third-party payment processing

We use Stripe and may use other third-party payment processors from time to time to process payments, store payment tokens, manage recurring billing, process failed payments, issue receipts and perform related payment functions. Your payment may be subject to the terms, conditions, policies and privacy notices of Stripe or any other third-party payment processor.

You acknowledge that we do not control Stripe or any other third-party payment processor and are not responsible for their acts, omissions, outages, delays, errors, security incidents, payment declines, chargebacks, payment holds or payment processing decisions, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

We may correct, or instruct our payment processor to correct, any error or mistake in any invoice, payment, charge, refund, credit or payment record. If you dispute a payment, you must notify us promptly and provide reasonable details of the dispute. You must not make a chargeback or payment reversal unless you have first made reasonable attempts to resolve the issue with us, except where this would restrict a right you have under Law or where the charge is unauthorised, fraudulent or clearly charged in error.

Subscriber content

Content warranties

By uploading, submitting, approving, syndicating, publishing, displaying or otherwise making available any Subscriber Content through the Platform, you represent and warrant that:

• you are authorised to provide the Subscriber Content to us and to make it available through the Platform;
• the Subscriber Content is true, accurate, current, complete, not misleading and not unlawful;
• the Subscriber Content complies with all applicable Laws, licences, registrations, professional obligations, advertising rules, real estate requirements, trade licensing requirements, privacy laws, consumer protection laws and industry requirements;
• the Subscriber Content does not infringe any Intellectual Property Right, moral right, privacy right, confidentiality obligation, contractual obligation or other right of any person;
• the Subscriber Content does not contain any false, misleading, deceptive, defamatory, discriminatory, offensive, obscene, threatening, abusive, harassing, unlawful, infringing or otherwise inappropriate material;
• the Subscriber Content does not contain any virus, malware, ransomware, spyware, malicious code or other harmful component, and does not compromise, interfere with, damage or impair the security, integrity or operation of the Platform;
• any review, rating, testimonial or feedback you provide or procure is genuine, honest, accurate and not misleading;
• any claim about your business, services, licences, registrations, insurance, qualifications, experience, availability, pricing, response times or service areas is accurate, current and not misleading; and
• you have obtained all consents, notices, permissions, licences, releases and authorities required for us and our Personnel, contractors and third-party service providers to host, store, copy, use, display, publish, distribute, communicate, adapt, resize, format, promote and otherwise use the Subscriber Content in connection with the Platform.

Listing content and REAXML feeds

If you provide, approve, upload or syndicate Listing Data, including through a REAXML Feed, you represent and warrant that:

• you have authority from the seller, landlord, owner, developer or other relevant person to advertise the property on the Platform;
• the Listing Data is accurate, current, complete, not misleading and complies with all applicable real estate, advertising, consumer protection and privacy Laws;
• you own, or have permission to use and authorise us to use, all images, videos, floorplans, copy, descriptions, pricing information, inspection information, agency branding, agent details, property data and other material included in the Listing Data;
• the Listing Data does not infringe any Intellectual Property Right, privacy right, confidentiality obligation or other right of any person;
• the listing is not fake, misleading, deceptive, unauthorised, expired, withdrawn, duplicated or used for bait advertising;
• you will promptly update or remove any Listing Data that becomes inaccurate, incomplete, out of date, misleading, unauthorised, sold, leased, withdrawn or otherwise unavailable; and
• you are solely responsible for the accuracy, legality, authority, content and use of all Listing Data provided by you, your Personnel, your CRM, your REAXML Feed or any person acting on your behalf.

Trade and service profile content

If you create or maintain a Trade Profile or local service profile, you represent and warrant that:

• you hold all licences, registrations, permits, qualifications, insurances and approvals required to provide the services you advertise or offer through the Platform;
• all information in your Trade Profile or service profile is accurate, current, complete and not misleading;
• you are authorised to use and authorise us to use all names, logos, images, service descriptions, licence details, insurance details, reviews, contact details and other material included in your profile;
• you will promptly update your profile if your licence, registration, insurance, qualification, approval, service area, availability, contact details or other relevant information changes; and
• you will not represent that we endorse, recommend, verify, guarantee or approve your services, workmanship, conduct or business, except to the extent expressly stated by us in writing.

Licence to Subscriber Content

You grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, copy, use, reproduce, display, publish, distribute, communicate, transmit, adapt, resize, format, modify and otherwise use Subscriber Content to the extent reasonably required for the purpose of:

• providing, operating, maintaining, securing, promoting and improving the Platform;
• displaying listings, profiles, reviews, advertisements, featured placements, priority placements, directory entries, maps, search results and Lead generation features;
• syndicating, publishing, formatting, resizing or adapting Listing Data, REAXML Feed data, images, videos, floorplans, descriptions, agency branding, Trade Profile information and related content for use on or through the Platform;
• providing appraisal requests, quote requests, enquiries, Leads, notifications and related platform functionality;
• marketing and promoting the Platform, your listings, your profile, your services or your Subscription Tier; and
• exercising our rights and performing our obligations under these Terms.

The licence granted under this section continues for as long as reasonably required for the purposes set out in these Terms, and after cancellation or termination only to the extent reasonably required to maintain records, comply with Law, resolve disputes, enforce these Terms, maintain backups and preserve evidence of platform activity. Nothing in these Terms transfers ownership of Subscriber Content to us.

You consent, and must ensure that each relevant author or rights holder gives a genuine consent, to us and our Personnel, contractors and third-party service providers doing any act or omission in relation to Subscriber Content that may otherwise infringe moral rights, to the extent reasonably necessary for the purposes permitted under these Terms and to the extent permitted by Law.

Content review and removal

We do not undertake to screen, verify, approve or monitor all Subscriber Content. We may review, moderate, edit, disable, remove, suspend, refuse to publish or restrict access to any Subscriber Content at any time if we reasonably consider that it:

• breaches these Terms;
• is inaccurate, incomplete, out of date, misleading, deceptive, unlawful, infringing, inappropriate or harmful;
• may expose us, our users or any third party to legal, regulatory, reputational, operational or security risk;
• relates to a fake listing, bait listing, unauthorised listing, expired listing, withdrawn listing, misleading profile, false review, licence issue, insurance issue, poor conduct, abuse of the Platform or misuse of Lead features;
• may infringe any Intellectual Property Right, privacy right, confidentiality obligation or other right of any person; or
• is otherwise inconsistent with the intended purpose, integrity or reputation of the Platform.

We are not liable for any loss, damage, cost or expense arising from our review, moderation, editing, disabling, removal, suspension, refusal to publish or restriction of Subscriber Content, except to the extent caused by our breach of these Terms, negligence or wilful misconduct. You are responsible for keeping and maintaining your own copies and records of Subscriber Content.

Intellectual property complaints

If you become aware of any content on the Platform that infringes, or is reasonably likely to infringe, the Intellectual Property Rights of any person, you must notify us promptly using the contact details on our Platform Disclaimer & Complaints page.

If you submit an intellectual property complaint to us, you represent and warrant that:

• the complaint is accurate, complete and made in good faith;
• you are the rights holder or are authorised to act on behalf of the rights holder;
• you have a reasonable basis for alleging infringement; and
• the complaint is not misleading, malicious, vexatious or used for an improper purpose.

You acknowledge that groundless threats of legal proceedings in relation to intellectual property infringement may be prohibited under applicable Law. You indemnify us and our Personnel against any loss, damage, liability, claim, demand, proceeding, cost or expense arising from or in connection with any intellectual property complaint submitted by you that is false, misleading, groundless, malicious, vexatious or otherwise unlawful, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

Intellectual property and data

Our platform and materials

We own or license all Intellectual Property Rights in the Platform, Website, Documentation, software, source code, object code, algorithms, databases, workflows, designs, layouts, branding, trade marks, logos, graphics, icons, text, templates, features, functionality, search tools, mapping interfaces, directory structures, pricing, content, downloads and other materials made available by us through or in connection with the Platform. Nothing in these Terms transfers any of those rights to you.

Subject to your compliance with these Terms and payment of all Subscription Fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform, Website, Documentation and our materials during your Subscription solely for the purpose of using the Platform in accordance with your Subscription Tier and these Terms.

You must not copy, reproduce, adapt, modify, translate, distribute, publish, communicate, commercialise, scrape, harvest, extract, reverse engineer, decompile, disassemble, create derivative works from, frame, mirror or otherwise exploit the Platform, Website, Documentation or our materials without our prior written consent, except to the extent expressly permitted by these Terms or required by Law. You must not use our business name, trade marks, logos, branding, get-up or other brand assets without our prior written consent, except to the extent expressly permitted through the Platform for your ordinary use of your Subscription Tier.

Subscriber Content and User Data

As between the parties, you retain ownership of Intellectual Property Rights you hold in your Subscriber Content and User Data. Nothing in these Terms transfers ownership of your Subscriber Content or User Data to us.

You grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, copy, use, reproduce, display, publish, distribute, communicate, transmit, adapt, resize, format, modify and otherwise use Subscriber Content and User Data to the extent reasonably required for the purposes of providing the Platform and to:

• provide, operate, maintain, secure, support, promote and improve the Platform;
• display, publish and promote listings, agency profiles, Trade Profiles, directory entries, advertisements, featured placements, priority placements, maps, search results, reviews and related content;
• process, receive, display, syndicate, troubleshoot and manage REAXML Feed data, Listing Data, images, videos, floorplans, property descriptions, agency branding, agent details and related content;
• provide appraisal requests, quote requests, enquiries, Leads, notifications, communications and related platform functionality;
• administer Accounts, Subscriptions, billing, support, security, moderation, compliance and dispute resolution;
• create, use and disclose aggregated, anonymised or de-identified information for analytics, reporting, product development, service improvement, benchmarking, security and business purposes; and
• exercise our rights and perform our obligations under these Terms.

You represent and warrant that you have all rights, consents, notices, permissions, licences, releases and authorities required to grant the licences in these Terms, and must ensure that Subscriber Content and User Data does not infringe any Intellectual Property Right, moral right, privacy right, confidentiality obligation, contractual obligation or other right of any person.

You indemnify us and our Personnel against any loss, damage, liability, claim, demand, proceeding, cost or expense arising from or in connection with any claim that Subscriber Content, User Data, Listing Data, REAXML Feed data, Trade Profile information, image, video, floorplan, logo, copy, review, profile, advertisement or other material provided by you or on your behalf infringes any right of any person, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

REAXML feeds and listing data

You acknowledge that REAXML Feed data and Listing Data may be provided to us by you, your Personnel, your CRM provider, your software provider or another person acting on your behalf. You are solely responsible for ensuring that all REAXML Feed data and Listing Data is accurate, current, complete, authorised, lawful and not misleading.

You authorise us to receive, host, store, process, display, publish, format, adapt, resize, map, index, distribute and otherwise use REAXML Feed data and Listing Data for the purpose of providing the Platform, and must ensure that you own, or have permission to use and authorise us to use, all material included in it. You must promptly update, correct or remove any REAXML Feed data or Listing Data that is inaccurate, incomplete, out of date, misleading, unauthorised, sold, leased, withdrawn, expired or otherwise unavailable.

We are not responsible for any error, omission, delay, duplication, corruption, mismatch, failed import, failed update or failed removal in any REAXML Feed, CRM integration or Listing Data, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.

Usage data, improvements and feedback

We may collect and use Usage Data to operate, secure, support, analyse and improve the Platform and our business, including to detect fraud, spam, scraping, security threats, misleading listings, misuse of Leads and breaches of these Terms. We may use Usage Data, Subscriber Content and User Data to create aggregated, anonymised or de-identified information, provided that it does not reasonably identify you or any individual.

We own all Intellectual Property Rights in any analytics, insights, know-how, improvements, developments, modifications, enhancements, features, functionality, reports, models, processes or materials created by or for us using Usage Data or aggregated, anonymised or de-identified information. We will handle personal information in accordance with our Privacy Policy and applicable privacy Laws.

Unless expressly stated in our Privacy Policy or otherwise agreed with you, we do not use personal information contained in User Data to train third-party artificial intelligence models, but we may use de-identified, aggregated or non-personal Usage Data and outputs to test, maintain, improve and develop the Platform and related models, tools and features.

If you provide us with any idea, suggestion, request, recommendation, correction, improvement, feedback or proposal relating to the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable licence to use, modify, commercialise and otherwise exploit that feedback for any purpose without restriction or payment to you, provided that we will not identify you as the source of the feedback without your consent unless required by Law. You acknowledge that we may develop, use, release or commercialise products, services, features or functionality that are similar to, or incorporate, feedback provided by you.

Third-party services and integrations

You acknowledge that the Platform may rely on, interact with or incorporate third-party products, services, software, platforms, infrastructure, hosting, storage, payment processing, subscriber verification, analytics, mapping data, planning data, CRM systems, REAXML feed providers, communications tools and other technology services. These may include Stripe, Amazon Web Services, CRM providers, REAXML feed providers, analytics providers, mapping data providers, planning data providers, communications providers, verification providers and other providers we use from time to time.

Your use of the Platform may be subject to third-party terms, policies, notices or requirements, and you must comply with any that apply to your use of the Platform, your payment method, your CRM, your REAXML Feed, your Listing Data, your Trade Profile, your Lead information, your Account or any third-party service connected with the Platform.

We may add, remove, replace, suspend, update or change third-party services from time to time, and will take reasonable steps to notify you if a change materially reduces the core functionality of your existing Subscription Tier, unless prior notice is not reasonably practicable because of legal, regulatory, security, technical, third-party service or platform integrity reasons.

We do not guarantee that any third-party service will remain available, compatible, integrated, accurate, complete, current, secure, error-free or uninterrupted, and we are not responsible for any act, omission, outage, delay, error, defect, security incident, data loss, data corruption, change, fee, restriction, suspension, termination or failure of any third-party service, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct. If a third-party service becomes unavailable, incompatible, restricted, suspended, terminated or unsuitable, we may modify, suspend or remove the affected feature or integration from the Platform.

CRM and REAXML integrations

If your Subscription includes REAXML syndication or any CRM-related functionality, you acknowledge that Listing Data may be supplied through third-party CRM systems, software providers or feed providers. You are responsible for configuring, maintaining, authorising and monitoring your CRM, REAXML Feed, Listing Data and any related third-party software or service, and for ensuring that you have all rights, permissions, licences, consents and authorities required for us to receive, access, store, process, display, publish, adapt and use Listing Data supplied through them.

You acknowledge that issues may arise when data is uploaded, imported, exported, mapped, synced, transferred, reformatted, resized, displayed or updated between different systems. We do not guarantee that any CRM integration, REAXML Feed, listing import, listing update, listing removal, image import, data mapping, data transfer or synchronisation process will be accurate, complete, uninterrupted, timely, error-free or free from duplication.

You must promptly notify us if you become aware of any error, omission, duplication, failed update, failed removal, inaccurate listing, unauthorised listing, expired listing, sold listing, leased listing, withdrawn listing or other issue affecting your Listing Data or REAXML Feed. We may suspend, disable, reject, remove, modify or stop processing any REAXML Feed or Listing Data if we reasonably consider that it is inaccurate, incomplete, out of date, misleading, unauthorised, unlawful, technically defective, insecure, harmful, excessive, incompatible or otherwise inconsistent with these Terms.

Your systems and changes

You must not integrate the Platform with any third-party software, system, API, feed, script, automation tool, data source, plug-in or other technology unless the integration is provided or approved by us in writing. You must not modify, augment, interfere with, reverse engineer, bypass, overload, scrape, extract from or make unauthorised changes to the Platform or any system, integration, API, REAXML Feed, data flow, security feature or technical restriction connected with the Platform.

If you connect, configure, use or authorise any third-party technology in connection with the Platform, you acknowledge and agree that you are responsible for it; that it may adversely affect the Platform, your Account, your listings, your profile, your data, other users, third-party services or our systems; that we are not liable for any failure, loss, damage, cost or expense caused or contributed to by it, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct; that we may require you to disconnect, change, disable or remove it; that we may suspend your access until the issue is resolved; and that we may disconnect, disable, remove or restrict it if we reasonably consider it may affect the security, integrity, performance, availability, legality or reputation of the Platform.

You indemnify us and our Personnel against any loss, damage, liability, claim, demand, proceeding, cost or expense arising from or in connection with any third-party technology, integration, configuration or access permission connected, configured, used or authorised by you or on your behalf, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

Confidentiality

Each party must keep the other party’s Confidential Information confidential and must not use or disclose it except as permitted by these Terms. A party may use or disclose the other party’s Confidential Information:

• to the extent required to exercise its rights or perform its obligations under these Terms;
• to its Personnel, professional advisers, insurers, auditors, financiers, related bodies corporate, contractors and service providers who need to know the information for a purpose connected with these Terms, provided that the recipient is subject to confidentiality obligations or professional duties of confidence;
• to the extent required by Law, a court, a regulator, a stock exchange, a government authority or a lawful direction;
• to the extent the information is already in the public domain other than because of a breach of these Terms;
• to the extent the information was lawfully known to the receiving party before it was disclosed by the disclosing party;
• to the extent the information is independently developed by the receiving party without using or relying on the disclosing party’s Confidential Information; or
• with the disclosing party’s prior written consent.

Each party must take reasonable steps to protect the other party’s Confidential Information from unauthorised access, use, disclosure, loss, misuse, interference, modification or destruction.

You acknowledge that our Confidential Information includes non-public information about the Platform, software, systems, pricing, product roadmap, technical information, security measures, business processes, trade secrets, commercial arrangements, analytics, leads, platform data and user information. We acknowledge that your Confidential Information may include non-public business information, listing information, CRM information, customer information, trade information, lead handling processes and other commercial information.

You must not disclose, publish, copy, extract, scrape, use or commercialise any Lead information, user information, platform data, mapping data, trade directory data, listing data or other information obtained through the Platform except for the purpose for which it is made available to you through your Subscription Tier and in accordance with these Terms.

Each party must promptly notify the other party if it becomes aware of any actual, suspected or threatened unauthorised access to, loss, misuse, disclosure, modification or compromise of the other party’s Confidential Information, and must reasonably assist the other party in investigating and responding to it. Nothing in this section limits any obligation relating to personal information under the Privacy Policy or applicable privacy Laws. The obligations in this section continue after the end of your Subscription and these Terms.

Privacy

We collect, hold, use and disclose personal information in connection with the Platform, including to provide, operate, maintain, secure, support and improve the Platform, manage Accounts and Subscriptions, process payments, provide Leads, facilitate appraisal requests and quote requests, communicate with users, manage listings and profiles, perform verification checks, respond to enquiries and complaints, comply with Law and enforce these Terms. Our Privacy Policy explains how we do this and how individuals may request access to or correction of their personal information and make privacy complaints.

You must comply with all applicable privacy Laws in connection with your use of the Platform. You must not provide us with, or make available through the Platform, any personal information unless you have all consents, notices, permissions and lawful authority required to do so, and you must ensure that any personal information you provide is accurate, current, complete and not misleading.

If you receive personal information through the Platform, including Lead information, appraisal request information, quote request information, consumer contact details or enquiry information, you must:

• use that personal information only for the purpose for which it was provided;
• not sell, disclose, share, transfer, commercialise or misuse it;
• not contact any person in a way that breaches any privacy, spam, consumer protection, real estate, trade licensing or other Law, and not send commercial electronic messages unless you have consent, identify the sender and include a functional unsubscribe facility where required by the Spam Act 2003 (Cth);
• keep it secure and confidential; and
• delete, de-identify or securely destroy it when it is no longer reasonably required for the purpose for which it was provided, unless you are required or permitted by Law to retain it.

You must not use Lead information, appraisal request information, quote request information, consumer contact details or enquiry information for unrelated marketing, list building, data enrichment, profiling, scraping, resale or any purpose not authorised by these Terms.

You must promptly notify us if you become aware of any actual, suspected or threatened unauthorised access to, loss, misuse, interference, disclosure, modification or compromise of personal information connected with the Platform, and must reasonably assist us in investigating, assessing, mitigating and responding to any privacy complaint, data incident or eligible data breach connected with your use of the Platform.

You indemnify us and our Personnel against any loss, damage, liability, claim, demand, proceeding, cost or expense arising from or in connection with your breach of any privacy Law, spam Law, confidentiality obligation or this Privacy section, except to the extent caused or contributed to by our breach of these Terms, negligence or wilful misconduct.

Liability

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy you may have under the Australian Consumer Law or any other Law that cannot lawfully be excluded, restricted or modified.

If the Australian Consumer Law or any other Law implies a condition, warranty or guarantee into these Terms that cannot lawfully be excluded, then, to the maximum extent permitted by Law and where it is fair and reasonable to do so, our liability for breach of that condition, warranty or guarantee is limited, at our option, to:

• the resupply of the relevant services;
• the payment of the cost of resupplying the relevant services;
• the repair or replacement of the relevant goods; or
• the payment of the cost of repairing or replacing the relevant goods.

Platform warranties and limitations

We will use reasonable endeavours to provide the Platform in accordance with these Terms. You acknowledge and agree that the Platform is provided on an “as is” and “as available” basis, except to the extent expressly stated in these Terms or required by Law.

To the maximum extent permitted by Law, we do not represent or warrant that:

• the Platform will be uninterrupted, error-free, secure, available at all times or free from defects, vulnerabilities, viruses, malware or other harmful components;
• any listing, REAXML Feed, CRM integration, Trade Profile, Lead feature, mapping feature, search result, priority placement, appraisal request, quote request, review, notification, communication, generated marketing video, automated output or other platform output will be accurate, complete, current, timely, uninterrupted or error-free;
• any information available through the Platform will be accurate, complete, current or suitable for your circumstances;
• the Platform will generate any particular number or quality of Leads, enquiries, quote requests, appraisal requests, views, clicks, calls, website visits, listings, transactions, sales, leases, contracts or revenue;
• any consumer, agent, agency, trade professional, local service provider or other user will act lawfully, honestly, professionally or in accordance with these Terms;
• any mapping, zoning, R-Code, planning, property boundary, overlay, development, Landgate, Department of Planning, Lands and Heritage, local government or other third-party information will be accurate, complete, current or suitable for any particular purpose; or
• the Platform will be suitable for any particular business, professional, investment, development, planning, financial, legal, real estate, construction or trade purpose.

You acknowledge that the Platform may contain errors, defects, delays, interruptions, omissions, inaccuracies, outdated information, failed imports, failed updates, failed removals, duplicated listings, unavailable listings, incorrect mapping information, CRM issues, REAXML Feed issues, third-party service issues or other technical or data issues.

You must make your own enquiries and obtain appropriate professional advice before relying on information available through the Platform, are responsible for verifying all property, listing, planning, zoning, R-Code, development, mapping, quote, trade, licence, insurance, agency, appraisal and other information before acting on it, and are responsible for reviewing, verifying and approving any generated marketing video, automated output, suggested content, listing copy, profile content or other platform output before using, publishing, syndicating or relying on it.

Errors and support

If you notify us of an error, bug or defect in the Platform, we will take reasonable steps to investigate and, where reasonably practicable, correct or work around the issue. We are not required to correct any error, bug, defect or issue to the extent it is caused or contributed to by:

• your systems, devices, browser, internet connection, CRM, REAXML Feed, software, data, configuration, access permissions, integrations or internal processes;
• any third-party service, provider, software, platform, data source, mapping source, planning source, CRM provider, payment processor or communications provider;
• your misuse of the Platform or breach of these Terms;
• your failure to provide accurate, complete, current or lawful information;
• unauthorised access, unauthorised changes, scraping, automation, cyber incidents, malware or other conduct outside our reasonable control; or
• any use of the Platform other than in accordance with these Terms, the Website, Documentation or our reasonable directions.

No responsibility for third-party conduct

You acknowledge and agree that we are a software, advertising, listing, directory and lead generation platform only. We are not responsible for, and do not accept liability for, any act, omission, representation, advice, statement, listing, profile, review, quote, negotiation, contract, transaction, settlement, appraisal, service, workmanship, attendance, safety issue, property damage, licence issue, insurance issue, professional conduct issue, dispute or outcome involving any consumer, real estate agency, agent, trade professional, local service provider, builder, broker, third-party provider or other person. You are solely responsible for your dealings with users and third parties through or in connection with the Platform.

Liability cap

To the maximum extent permitted by Law, our total aggregate liability to you arising out of or in connection with these Terms, the Platform, your Subscription, any Subscription Tier, any Account, any Listing Data, any REAXML Feed, any Trade Profile, any Lead, any third-party service or any related goods or services is limited to the greater of AUD $500 and the total Subscription Fees paid by you to us in the 6 months immediately before the event giving rise to the liability.

If you have not paid any Subscription Fees to us in the 6 months immediately before the event giving rise to the liability, including where you are a consumer browsing the Website or Platform for free, our total aggregate liability to you is limited to AUD $500.

Exclusions from our liability

To the maximum extent permitted by Law, we are not liable to you for any loss, damage, liability, claim, demand, proceeding, cost or expense arising from or in connection with:

• your breach of these Terms or any Law;
• your User Data, Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information, reviews, images, videos, logos, copy, profiles, advertisements or other material provided by you or on your behalf;
• any inaccurate, incomplete, out of date, misleading, unauthorised, unlawful, infringing, fake, bait, expired, withdrawn, sold or leased listing;
• any failure by you to hold or maintain a required licence, registration, approval, insurance policy, authority, consent or permission;
• any quote, negotiation, contract, transaction, appointment, service, workmanship, property damage, settlement, agency conduct, trade conduct, consumer conduct or third-party dispute;
• any reliance on mapping, zoning, R-Code, planning, property boundary, title, overlay, development, Landgate, Department of Planning, Lands and Heritage, local government, planning authority or other third-party information;
• any failure, delay, error, outage, suspension, restriction, security incident, data loss, data corruption, data mismatch, failed import, failed update or failed removal affecting a third-party service, CRM, REAXML Feed, payment processor, hosting provider, mapping provider, planning data provider, communications provider or other third-party provider;
• any unauthorised access to, or use of, your Account caused or contributed to by your failure to keep login details secure;
• any loss, corruption, deletion or unavailability of User Data, Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information, Lead information or other data, except to the extent caused by our breach of these Terms, negligence or wilful misconduct; or
• any matter outside our reasonable control.

Consequential loss

To the maximum extent permitted by Law, neither party is liable to the other party for any Consequential Loss arising out of or in connection with these Terms, the Platform, your Subscription or any related goods or services, whether or not the loss was foreseeable, contemplated or caused by a breach of contract, tort, statute or otherwise, except to the extent such loss forms part of a third-party claim covered by an indemnity under these Terms.

This exclusion does not apply to:

• liability that cannot be excluded under Law;
• a party’s liability for fraud, wilful misconduct, personal injury or death;
• your liability for breach of confidentiality, breach of privacy, infringement of Intellectual Property Rights, misuse of the Platform, non-payment of Subscription Fees or indemnities given under these Terms; or
• your liability for any unauthorised, misleading, unlawful, infringing or defective Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information or other material provided by you or on your behalf.

Indemnities and liability cap carve-outs

The liability cap in these Terms does not limit your obligation to pay Subscription Fees, GST, permitted surcharges, chargeback amounts, indemnity amounts or other amounts due under these Terms.

Subject to any non-excludable rights under Law, the liability cap in these Terms does not apply to your liability arising from or in connection with:

• your breach of confidentiality, privacy, intellectual property, use restriction, payment or Subscriber Content obligations;
• your breach of any Law, licence, registration, professional obligation, industry requirement, third-party term or third-party right;
• any indemnity given by you under these Terms;
• any fraud, wilful misconduct, reckless conduct or unlawful conduct by you, your Personnel or your Users;
• any fake listing, bait advertising, misleading listing, unauthorised listing, unlawful Trade Profile, false review, infringing content, privacy breach, spam breach or misuse of Lead information; or
• any quote, negotiation, contract, transaction, appointment, service, workmanship, property damage, settlement, agency conduct, trade conduct or dispute involving you and another user or third party.

Upgrades and downgrades

You may upgrade or downgrade your Subscription Tier from your dashboard, or by contacting us. If you upgrade, we will take reasonable steps to provide access to the upgraded Subscription Tier promptly after the upgrade is accepted by us and any required payment is processed. Unless otherwise stated at the time of upgrade, any increase in Subscription Fees resulting from an upgrade applies from the date the upgraded Subscription Tier is made available to you, and we may charge a pro-rated amount for the remainder of the then-current monthly billing period.

If you downgrade your Subscription Tier, the downgrade takes effect at the start of the next monthly billing period, unless we agree otherwise in writing. Unless required by Law or expressly agreed by us in writing, we do not provide refunds, credits or pro-rated reductions for downgrades.

You acknowledge that downgrading may result in loss of access to features, inclusions, limits, listings, priority placement, visibility, Trade Profile benefits, REAXML syndication, Lead features, photos, content, data, functionality or capacity. Before requesting a downgrade, you are responsible for checking whether the downgraded Subscription Tier is suitable for your business and for exporting or retaining copies of any information, content or data you may need.

If your downgraded Subscription Tier does not support your existing number of listings, profiles, photos, users, locations, leads, priority placements, REAXML feeds or other features, we may remove, disable, limit or stop displaying the excess items or features from the date the downgrade takes effect.

We are not liable for any loss, damage, cost or expense arising from or in connection with an upgrade, downgrade, change in Subscription Tier, loss of features, loss of visibility, loss of priority placement, loss of capacity, loss of content or loss of data, except to the extent caused by our breach of these Terms, negligence or wilful misconduct. We may refuse, delay or reverse an upgrade or downgrade if there are unpaid Subscription Fees, failed payments, unresolved billing issues, suspected misuse of the Platform, technical limitations or any other reasonable basis for doing so.

Cancellation and termination

Cancellation for convenience

You may cancel your Subscription at any time from the billing portal in your dashboard. Your Subscription and access continue until the end of the monthly Subscription Period you have already paid for, and no further Subscription Fees fall due. We may cancel your Subscription for convenience by giving you at least 30 days’ written notice.

Unless required by Law or expressly agreed by us in writing, Subscription Fees already paid are not refundable and we do not provide partial-month refunds or credits. Cancellation does not affect any rights or obligations that accrued before it takes effect.

Termination for breach

Either party may terminate your Subscription by written notice if the other party materially breaches these Terms and does not remedy the breach within 10 Business Days after receiving written notice requiring the breach to be remedied.

We may suspend or terminate your Subscription, Account or access to the Platform immediately by written notice if we reasonably consider that immediate action is necessary or appropriate because:

• you fail to pay any Subscription Fees or other amount when due and the failed payment is not resolved once our payment processor’s retry schedule is exhausted;
• you breach any use restriction, Subscriber Content, Listing Data, REAXML Feed, privacy, confidentiality, intellectual property, payment or platform security obligation;
• you upload, approve, syndicate or maintain any fake listing, bait listing, misleading listing, unauthorised listing, expired listing, withdrawn listing or unlawful listing;
• you fail to hold or maintain any licence, registration, insurance, authority, consent, permission or approval required for your use of the Platform;
• you provide false, inaccurate, incomplete, misleading or unlawful information to us or through the Platform;
• you misuse Lead information, appraisal request information, quote request information, consumer contact details or other personal information obtained through the Platform;
• you engage in poor conduct, abusive conduct, fraudulent conduct, unlawful conduct, misleading conduct, spam, harassment, platform misuse, scraping, automated access, security interference or other conduct that may harm us, the Platform, users or third parties;
• we reasonably consider that your continued access to the Platform may expose us, users or third parties to legal, regulatory, reputational, operational, security or commercial risk;
• you become insolvent, enter external administration, cease to carry on business, or are otherwise unable to pay your debts as and when they fall due; or
• we are required or permitted to do so by Law, a regulator, a court, a government authority or a third-party service provider whose services are required for the Platform.

Suspension

We may suspend all or part of your access to the Platform if we reasonably consider that a suspension is necessary or appropriate to address non-payment, suspected breach, unlawful conduct, misleading information, licence or insurance issues, security risk, privacy risk, platform misuse, third-party service requirements or risk to us, users or third parties. A suspension may continue until the relevant issue is resolved to our reasonable satisfaction, and we will take reasonable steps to lift it promptly once resolved.

During any suspension, you remain responsible for all Subscription Fees and other amounts payable under these Terms, unless we agree otherwise in writing or the suspension is caused by our breach of these Terms, negligence or wilful misconduct. We are not liable for any loss, damage, cost or expense arising from a suspension, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.

Effect of cancellation or termination

On cancellation or termination of your Subscription:

• your right to access and use the Platform, Account, Subscription Tier benefits, listings, REAXML Feed, Trade Profile, Lead features, priority placement and other paid features will end;
• we may remove, disable, archive or stop displaying your listings, profiles, advertisements, priority placements, REAXML Feed, Lead features and Subscriber Content;
• you must immediately stop using the Platform and Documentation, except to the extent we allow limited access for account closure or data export;
• all unpaid Subscription Fees and other amounts owing to us become immediately due and payable;
• unless required by Law or expressly agreed by us in writing, Subscription Fees already paid are not refundable;
• we may retain, delete, de-identify, archive or destroy User Data, Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information, Lead information and Account information in accordance with these Terms, our Privacy Policy, our backup practices, any reasonable data retention or deletion request you make, and applicable Law; and
• each party must return, delete or destroy the other party’s Confidential Information in its possession or control, except to the extent it is required or permitted to retain it by Law, for backup, audit, insurance, dispute resolution, enforcement, compliance or legitimate business record purposes.

Cancellation or termination does not affect any provision of these Terms that is expressed to survive, or by its nature is intended to survive, including provisions relating to accrued payment obligations, confidentiality, privacy, intellectual property, Subscriber Content licences, data, warranties, disclaimers, liability, indemnities, dispute resolution, governing law, interpretation and definitions.

Dispute resolution

A party must not commence court proceedings arising out of or in connection with these Terms, the Platform or your Subscription unless it has first complied with this section, except where the party seeks urgent interlocutory, injunctive or equitable relief.

A party claiming that a dispute has arisen must give the other party written notice setting out reasonable details of the dispute. After a dispute notice is given, each party must use reasonable endeavours to resolve the dispute in good faith and must ensure that a representative with authority to resolve the dispute participates in the process. If the dispute is not resolved within 14 days after the dispute notice is given, or any other period agreed in writing, either party may commence court proceedings.

Nothing in this section prevents us from suspending or terminating access to the Platform, removing or disabling listings, profiles, content, REAXML Feeds, Lead features or priority placements, restricting or withholding Leads, addressing platform misuse, security issues, privacy risks, fake listings, bait advertising, licence issues, poor conduct or unlawful conduct, or taking any other action permitted under these Terms while a dispute is being resolved. Nothing in this section prevents a party from making a complaint to a regulator, responding to a regulator, complying with Law, or taking action to protect personal information, Confidential Information, Intellectual Property Rights, platform security, users or third parties.

Each party must continue to perform its obligations under these Terms while a dispute is being resolved, except to the extent the obligation is the subject of the dispute or these Terms permit suspension or termination.

Force majeure

We will not be liable for any delay or failure to perform our obligations under these Terms to the extent the delay or failure is caused or contributed to by a Force Majeure Event. If one occurs, we will take reasonable steps to notify you of it and the extent to which it may affect our ability to perform, where reasonably practicable, but failure to give notice does not make us liable for the Force Majeure Event itself.

Our affected obligations will be suspended for the duration of the Force Majeure Event to the extent they are affected by it. We must take reasonable steps to minimise its effect and resume performance as soon as reasonably practicable after it ceases.

A Force Majeure Event means any event or circumstance beyond our reasonable control, including:

• fire, flood, storm, earthquake, lightning, explosion, natural disaster or extreme weather event;
• war, terrorism, sabotage, civil unrest, riot, blockade, revolution, epidemic, pandemic or public health emergency;
• strike, lockout, labour dispute or industrial action outside our reasonable control;
• act, omission, restriction, direction, order or decision of any government authority, regulator, court, emergency service or law enforcement agency;
• failure, outage, interruption, restriction or unavailability of any third-party service, hosting provider, cloud provider, CRM provider, REAXML feed provider, payment processor, communications provider, mapping provider, planning data provider, internet service provider, telecommunications network, utility or other infrastructure provider;
• cyber incident, denial-of-service attack, malware, ransomware, unauthorised access, security incident or malicious interference, except to the extent caused by our failure to take reasonable security measures;
• failure, shortage, interruption or delay affecting power, internet, telecommunications, data centres, software, hardware, networks, supply chains or essential services; or
• any other event or circumstance beyond our reasonable control.

A Force Majeure Event does not relieve you from any obligation to pay Subscription Fees or other amounts that accrued before it or remain payable for unaffected parts of the Platform under these Terms.

Notices

A notice or other communication under these Terms must be in writing and in English.

A notice may be given by email to:

• the email address specified in your Account, Subscription, checkout, order form or other written communication accepted by us;
• the email address most recently used by the parties to correspond about your Account, Subscription or the Platform; or
• any other email address notified by a party to the other party for notices.

We may also give you operational, billing, support, suspension, termination, platform, privacy, security, Subscription Tier, pricing or other notices by email, by displaying a notice in your Account or through the Platform, by publishing a notice on the Website, by using contact details you have provided to us, or by any other method permitted by Law.

You must ensure that your Account, billing and contact details are accurate and current, and must notify us promptly if your notice email address or other contact details change.

Unless the sender knows or reasonably suspects that an email was not delivered, an email notice is taken to be received when the recipient replies to the email, or 24 hours after the email is sent, unless that time falls on a Saturday, Sunday or public holiday in the place of receipt, in which case it is taken to be received on the next Business Day. A notice displayed in your Account or through the Platform is taken to be received when it is made available to you. A notice published on the Website is taken to be received when it is published, except where the notice materially affects your existing Subscription or where a more specific notice method is required by these Terms or Law. This section does not limit any requirement under Law for a notice to be given in a particular way.

General

Governing law and jurisdiction

These Terms are governed by the laws of Western Australia.

Each party submits to the exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts in relation to any proceedings arising out of or in connection with these Terms, the Platform or your Subscription, except that we may seek urgent interlocutory, injunctive or equitable relief in any court of competent jurisdiction. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver and severance

No party may rely on the words or conduct of another party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. A waiver is limited to the specific right and circumstances for which it is given. A delay or failure to exercise a right does not operate as a waiver of that right, and a single or partial exercise of a right does not prevent any further exercise of that right or any other right.

If any provision of these Terms is wholly or partly void, invalid, illegal or unenforceable, that provision is severed to the extent necessary and the validity and enforceability of the remaining provisions is not affected.

Assignment

You must not assign, novate, subcontract or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, which must not be unreasonably withheld where the proposed transfer does not increase our legal, regulatory, operational, security, financial or reputational risk. Any change of control of you is deemed to be an assignment requiring our prior written consent unless we agree otherwise in writing.

We may assign, novate, subcontract or otherwise transfer any of our rights or obligations under these Terms as part of a business sale, restructure, merger, acquisition, investment, financing arrangement, transfer of the Platform or transfer of all or part of our business, provided that the transfer does not materially reduce your rights under these Terms. We may subcontract the performance of any of our obligations to our Personnel or third-party service providers, but remain responsible for their performance in accordance with these Terms.

Entire agreement and document hierarchy

These Terms, together with any order, checkout page, Subscription Tier description, policy, notice or document expressly incorporated by reference, contain the entire agreement between the parties about their subject matter, and supersede any prior negotiation, conduct, representation, arrangement, understanding or agreement about their subject matter. You acknowledge that you have not relied on any representation, warranty, promise or statement that is not expressly set out in these Terms, except to the extent this cannot be excluded under Law.

If there is any inconsistency between these Terms and another policy, notice or document published by us, the more specific document will prevail to the extent of the inconsistency, unless expressly stated otherwise. If there is any inconsistency between these Terms and the terms of an order, checkout page or Subscription Tier description accepted by us, the order, checkout page or Subscription Tier description will prevail to the extent of the inconsistency for that Subscription only. Nothing in this section limits any right, guarantee, warranty or remedy that cannot be excluded, restricted or modified under Law.

Relationship of the parties

Nothing in these Terms creates a relationship of employment, agency, partnership, joint venture, fiduciary duty or trust between the parties. You must not represent that you are our employee, agent, partner, representative or authorised intermediary, and must not represent that we endorse, recommend, verify, guarantee or approve you, your business, your listings, your services, your workmanship, your profile, your conduct or any transaction, except to the extent expressly stated by us in writing.

You acknowledge that we provide a software, advertising, listing, directory and lead generation platform only. Nothing in these Terms or on the Platform appoints us as a real estate agent, broker, trade contractor, builder, surveyor, town planner, property valuer, lawyer, financial adviser, professional adviser, agent, representative or intermediary for you or any other person. You are solely responsible for your own professional obligations, client relationships, licences, registrations, advertising obligations, quotes, negotiations, contracts, services, workmanship, transactions, settlements and dealings with users and third parties.

Subcontractors and further assurances

We may use Personnel, contractors, subcontractors, related bodies corporate and third-party service providers to provide, operate, host, store, secure, maintain, support and improve the Platform. We are not required to disclose the identity of each contractor, subcontractor or service provider unless required by Law or expressly stated in our Privacy Policy. Each party must do all things reasonably necessary to give effect to these Terms and the transactions contemplated by them.

Interpretation

In these Terms:

• words in the singular include the plural and vice versa;
• words indicating a gender include all genders;
• if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
• a reference to a person includes an individual, company, corporation, partnership, trust, association, joint venture, government authority or other legal entity;
• a reference to a party includes that party’s successors and permitted assigns;
• a reference to a document includes that document as varied, replaced, supplemented or updated from time to time;
• a reference to these Terms includes any policy, notice, order, checkout page, Subscription Tier description or document expressly incorporated by reference;
• a reference to the Platform includes the Website and any replacement, updated or modified version of the Platform;
• a reference to Law includes any applicable statute, regulation, by-law, ordinance, subordinate legislation, rule of common law, equity, regulatory requirement, mandatory code or lawful direction of a government authority;
• a reference to $ or dollars is to Australian currency, unless stated otherwise;
• the words “including”, “includes” and similar expressions are not words of limitation;
• headings are for convenience only and do not affect interpretation; and
• no provision of these Terms will be interpreted adversely to a party because that party was responsible for preparing the provision.

Definitions

Acceptable Use Policy

means our acceptable use policy published on the Website or otherwise notified to you, as updated from time to time.

Account

means an account created or maintained by you or on your behalf to access or use the Platform.

Australian Consumer Law

means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day

means a day other than a Saturday, Sunday or public holiday in Western Australia.

Confidential Information

means information of or provided by a party that is confidential by its nature, is designated as confidential, or that the other party knows or ought reasonably to know is confidential, but does not include information that is or becomes public knowledge other than because of a breach of these Terms.

Consequential Loss

means any consequential, indirect, incidental, special, exemplary or punitive loss or damage, and any loss of profit, revenue, business, opportunity, goodwill, anticipated savings, data or reputation, whether arising in contract, tort, equity, statute or otherwise.

Cookies Policy

means our cookies policy available on the Website, as updated from time to time.

Documentation

means any manuals, help files, instructions, guides, onboarding materials or other documents supplied or made available by us in connection with the Platform.

Force Majeure Event

has the meaning given in the Force majeure section.

GST

has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights

means any and all present and future intellectual and industrial property rights throughout the world, whether registered or unregistered, including copyright, trade marks, designs, patents, moral rights, circuit layout rights, trade, business, company and domain names, trade secrets, know-how, confidential information and other proprietary rights, and any rights to registration, renewal or extension of those rights.

Law

means any applicable statute, regulation, by-law, ordinance, subordinate legislation, rule of common law, equity, regulatory requirement, mandatory code, industry code, licence condition or lawful direction of a government authority.

Lead

means an enquiry, appraisal request, quote request, contact request, phone lead, website lead, message, referral, notification or other user interaction generated, received or facilitated through the Platform.

Listing Data

means any property listing data, property information, images, videos, floorplans, copy, descriptions, pricing information, inspection information, agent details, agency branding, property attributes, REAXML Feed data and other material provided to us or made available through the Platform in connection with a property listing.

Personnel

means, in respect of a party, its officers, employees, contractors, subcontractors, agents, representatives and advisers.

Platform

means the Home Scene online property, listing, trade directory and lead generation platform, including the Website, software, mapping tools, listings, directory, profiles, REAXML syndication functionality, Lead features, appraisal request features, quote request features, priority placement features and related services made available by us from time to time.

Platform Disclaimer

means our Platform Disclaimer & Complaints page and any mapping disclaimer, property information disclaimer or other disclaimer published by us on the Website or through the Platform, as updated from time to time.

Privacy Policy

means our privacy policy available on the Website, as updated from time to time.

REAXML Feed

means a real estate listing data feed provided or authorised by you, your Personnel, your CRM provider, software provider or another person acting on your behalf, including any data, images, copy, property information and other material supplied through that feed.

Stripe

means Stripe Payments Australia Pty Ltd or any related body corporate, replacement provider or other third-party payment processor we use to process payments in connection with the Platform.

Subscriber Content

means any content, material or information uploaded, submitted, approved, syndicated, published, displayed or otherwise made available by you or on your behalf through the Platform, including Listing Data, REAXML Feed data, Trade Profile information, images, videos, floorplans, logos, copy, reviews, advertisements, profile information and other material.

Subscription

means your subscription to access and use the Platform in accordance with these Terms and your Subscription Tier.

Subscription Fees

means the fees payable by you for your Subscription Tier, as set out on the Website, in the checkout process, in Stripe, in any order process accepted by us, or as otherwise agreed in writing.

Subscription Period

means each monthly period of your Subscription, unless otherwise agreed in writing.

Subscription Tier

means the subscription plan, package or tier selected by you and accepted by us, including any applicable features, inclusions, limits, benefits and Subscription Fees.

Support Services

means the general technical support services we provide in connection with the Platform, as described in these Terms.

Terms

means these terms and conditions, as updated from time to time.

Trade Profile

means a profile, directory listing, advertisement or other listing for a trade professional, builder, broker, local service provider or other service provider made available through the Platform.

Usage Data

means information generated from access to or use of the Platform, including analytics, performance data, technical data, log data, interaction data, search data, click data, enquiry data and aggregated or de-identified usage information.

User

means any person who accesses or uses the Platform through your Account, Subscription or on your behalf, including your Personnel.

User Data

means any files, data, documents, information, personal information, content or other material uploaded, submitted, transmitted, approved, syndicated, received, generated or otherwise made available by you, your Personnel, your Users or on your behalf through or in connection with the Platform, including Subscriber Content, Listing Data, REAXML Feed data, Trade Profile information and Lead information.

Website

means homescene.com.au and any other website operated by us in connection with the Platform.

Website Terms and Conditions

means our website terms and conditions available on the Website, as updated from time to time.